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Showing 16849–16872 of 19,292 articles for “eme”

Presidential Supervision vs Control: Protecting Local Fiscal Autonomy in the Philippines

The Supreme Court limits presidential power over LGUs, striking down IRA withholding while allowing advisory economy measures.

Navigating Robbery With Homicide: The Perils of Indivisible Penalties

A look at People v. Pedroso, explaining robbery with homicide elements and the correct application of indivisible penalties.

Accountability for Homicide: Voluntary Surrender as a Mitigating Circumstance in a Stabbing Case

The Supreme Court explains when voluntary surrender mitigates homicide and why a fleeing co-accused may be acquitted.

Upholding Election Officer Reassignments: Balancing Independence and Preventing Familiarity

The Supreme Court upheld Section 44 of RA 8189, which limits election officers to four years per station to ensure impartiality.

Collective Liability and Conspiracy in Criminal Actions: People v. Aquino

When does mere presence or participation in a transaction amount to criminal conspiracy? The Supreme Court clarifies in People v. Aquino.

Absence of Conspiracy Leads to Acquittal in Estafa Case for Lack of Proof Beyond Reasonable Doubt

The Supreme Court acquits an accused in an estafa case, ruling that conspiracy must be proven beyond reasonable doubt, not merely inferred from presence or interest.

Collective Guilt Establishing Conspiracy in Group Criminality

When does holding a victim's hand during a gang attack make you guilty of murder? The Supreme Court explains conspiracy.

Breach of Trust Upholding Termination for Managerial Misconduct in Philippine Labor Law

Philippine Supreme Court affirms dismissal of a manager for loss of confidence based on fraudulent invoicing and refusal to explain.

Illegal Recruitment and Estafa: Protecting Migrant Workers from Deceitful Recruiters

The Supreme Court affirms convictions for large-scale illegal recruitment and estafa, protecting overseas Filipino workers from fraudulent recruiters.

Dying Declarations: When Can a Victim's Last Words Be Used in Court?

Learn the legal rules on dying declarations in Philippine courts, including admissibility requirements and how courts weigh a victim's final words.

Quantum Meruit in Government Contracts: What Contractors Must Know

The Supreme Court clarifies when contractors can recover payment from the government and the limits of the quantum meruit principle.

Due Process Limits of Disqualification and the Duty of Judicial Impartiality

A look at how the Supreme Court defined the limits of res judicata and the duty of judges to remain impartial in Salanga v. Alagar.

Land Declared Public in Cadastral Case Cannot Be Registered by Voluntary Application

Supreme Court rules land declared public in cadastral proceedings cannot later be registered through voluntary application under P.D. 1529.

Due Process in Preliminary Investigations: Raro v. Sandiganbayan Explained

The Supreme Court clarifies that defects in a preliminary investigation do not automatically invalidate an information or violate due process.

Prioritizing Assignment Rights: The Battle Over Promissory Notes in Trust Receipt Agreements

Supreme Court rules on competing claims over promissory notes under trust receipts and deeds of assignment, emphasizing proof and priority.

Parental Authority vs Incestuous Rape: Clarifying Proof and Penalties in Philippine Law

The Supreme Court clarifies the elements of incestuous rape, the weight of parental authority, and the proper penalties under Philippine law.

Murder or Homicide: Understanding Treachery in Philippine Criminal Law

The Supreme Court clarifies when treachery qualifies killing as murder, using the Antonio v. People case as a guide.

Statute of Frauds and Implied Trusts When Verbal Agreements Fail in Property Disputes

When verbal property deals fail, the Statute of Frauds and implied trust rules decide enforceability. Learn from a Supreme Court case.

Contempt of Court: Balancing Judicial Authority and Individual Rights in the Philippines

Philippine Supreme Court ruling on indirect contempt, fines versus indefinite incarceration, and the courts' coercive power to enforce orders.

Reasonable Doubt Acquittal in Robbery With Homicide: When Weak Evidence Fails

Supreme Court acquits robbery-with-homicide accused where eyewitness testimony lacked specificity and conspiracy was not proven beyond reasonable doubt.

Ejectment Case Dismissal for Failure to Appear: Due Process in Philippine Summary Proceedings

Philippine Supreme Court clarifies when failure to appear at preliminary conference in ejectment cases warrants judgment and what due process requires.

When a Lawyer's Negligence Binds the Client: The Mercury Drug Rule on Notice and Final Judgments

Philippine Supreme Court clarifies when a lawyer's failure to inform the client of an adverse judgment is binding, and when relief from judgment is unavailable.

Finality of Judgment and the Limits of Post-Decision Remedies in Disbarment Cases

A disbarred lawyer's belated motion to reopen his case fails before the doctrine of finality of judgment, earning him contempt and fines.

Negligence in Patent Applications: How Attorney Laches Can Cost You Patent Rights

When lawyers fail to respond to patent office actions, applicants may lose their rights. The Supreme Court explains why.